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IDnum
78
Language
English
Country
Union IAFF (International Association of Fire Fighters) AFL-CIO
Local
SF Fire Fighters Union, Local 798, Unit 1
Occupations Represented
Firefighting occupations
Bargaining Agency
City and County of San Francisco
Agency industrial classification (NAICS):
92 (Public Administration)
BeginYear 2001
Source
EndYear
2003
http://www.ci.sf.ca.us/dhr/mou/798/798.pdf
Original_format
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Full text contract begins on following page.
United States
State
CA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY AND COUNTY OF SAN FRANCISCO
AND
SAN FRANCISCO FIRE FIGHTERS UNION
LOCAL 798, IAFF, AFL-CIO
July 1, 2001 to June 30, 2003
Unit 1
10/11/01
Final Draft
TABLE OF CONTENTS
SECTION 1.
PREAMBLE.................................................................................................... 1
SECTION 2.
RECOGNITION............................................................................................. 1
SECTION 3.
NO DISCRIMINATION................................................................................ 2
SECTION 4.
DEFINITIONS................................................................................................ 2
SECTION 5.
UNION BUSINESS......................................................................................... 3
SECTION 6.
UNION SECURITY ....................................................................................... 4
SECTION 7.
MEDIA RELATIONS.................................................................................... 6
SECTION 8.
BULLETIN BOARDS, DISTRIBUTION OF MATERIALS, AND
ANNOUNCEMENTS ..................................................................................... 6
SECTION 9.
SALARY.......................................................................................................... 7
SECTION 10.
PARITY........................................................................................................... 7
SECTION 11.
RETIREMENT............................................................................................... 8
SECTION 12.
HOURS ............................................................................................................ 8
SECTION 13.
OVERTIME COMPENSATION.................................................................. 9
SECTION 14.
COMPENSATORY TIME ("TIME COMING") ....................................... 9
SECTION 15.
STANDBY PAY ............................................................................................ 11
SECTION 16.
SENIORITY LIST........................................................................................ 11
SECTION 17.
DEFINITION OF SENIORITY .................................................................. 11
SECTION 18.
ASSIGNMENTS AND TRANSFERS......................................................... 12
SECTION 19.
VACATION LEAVE.................................................................................... 15
SECTION 20.
HOLIDAYS................................................................................................... 16
SECTION 21.
STAFFING .................................................................................................... 17
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Table of Contents
Page 1
SECTION 22.
SHIFT AND WATCH EXCHANGES........................................................ 18
SECTION 23.
WORKING OUT OF CLASSIFICATION................................................ 18
SECTION 24.
TRAINING AND EDUCATION ACHIEVEMENT PAY........................ 19
SECTION 25.
HAZARDOUS MATERIALS PAY ............................................................ 20
SECTION 26.
EMERGENCY MEDICAL TECHNICIAN PAY ..................................... 20
SECTION 27.
APPARATUS OPERATOR ASSIGNMENT PAY ................................... 21
SECTION 28.
ADMINISTRATIVE ASSIGNMENT PAY ............................................... 21
SECTION 29.
PREMIUM PAYMENTS............................................................................. 22
SECTION 30.
FAMILY CARE AND MATERNITY/PATERNITY LEAVE................. 24
SECTION 31.
HEALTH AND DENTAL COVERAGE.................................................... 25
SECTION 32.
WELLNESS PROGRAM ............................................................................ 27
SECTION 33.
UNIFORMS .................................................................................................. 27
SECTION 34.
MANAGEMENT RIGHTS ......................................................................... 28
SECTION 35.
SAFETY AND HEALTH............................................................................. 28
SECTION 36.
TESTING OF AERIAL DEVICES............................................................. 29
SECTION 37.
NOTICE OF CHARGES ............................................................................. 29
SECTION 38.
EMPLOYEE ASSISTANCE PROGRAM ................................................. 29
SECTION 39.
PROBATIONARY PERIOD....................................................................... 30
SECTION 40.
DRIVERS' LICENSES ................................................................................ 30
SECTION 41.
PHYSICAL EXAMINATION/DRUG & ALCOHOL SCREENING ..... 30
SECTION 42.
PHYSICAL FITNESS PROGRAM............................................................ 31
SECTION 43.
EMERGENCY RESPONSE VEHICLES .................................................. 32
SECTION 44.
TEMPORARY MODIFIED DUTY ASSIGNMENTS.............................. 32
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Table of Contents
Page 2
SECTION 45.
PERSONNEL FILES ................................................................................... 34
SECTION 46.
EMPLOYEE TRAINING AND REIMBURSEMENT PROGRAMS..... 34
SECTION 47.
AMERICANS WITH DISABILITIES ACT.............................................. 35
SECTION 48.
GRIEVANCE PROCEDURE ..................................................................... 36
SECTION 49.
NO WORK STOPPAGES ........................................................................... 38
SECTION 50.
LABOR-MANAGEMENT COMMITTEE................................................ 38
SECTION 51.
H-3 ADVISORY COMMITTEE................................................................. 39
SECTION 52.
NEGOTIATION RESPONSIBILITIES..................................................... 39
SECTION 53.
SEVERABILITY .......................................................................................... 39
SECTION 54.
TERM ............................................................................................................ 39
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Table of Contents
Page 3
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND COUNTY OF SAN FRANCISCO
AND
SAN FRANCISCO FIRE FIGHTERS UNION LOCAL 798, IAFF, AFL-CIO
This Memorandum of Understanding (hereinafter "MOU") constitutes a mutual agreement
between the CITY AND COUNTY OF SAN FRANCISCO (hereinafter referred to as the "City")
through its designated representatives acting on behalf of the MAYOR, the FIRE
COMMISSION and the CHIEF OF DEPARTMENT, and the SAN FRANCISCO FIRE
FIGHTERS UNION LOCAL 798, IAFF, AFL-CIO, (hereinafter referred to as the "Union"),
arrived at through good faith negotiations in compliance with the requirements of the MeyersMilias-Brown Act (California Government Code Sections 3500-3510) and Section A 8.590-1 et
seq. of the San Francisco Charter.
SECTION 1.
1.1
PREAMBLE
It is the purpose of this Agreement to achieve and maintain harmonious relations between
the City and the Union, to provide for equitable and peaceful adjustment of differences
which may arise, and to contractually establish wages, hours, and other conditions of
employment for members of the bargaining unit.
SECTION 2.
2.1
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for all
employees in the following uniformed ranks of the San Francisco Fire Department
(hereinafter, “Unit 1”):
H-2
Fire Fighter
H-3
Fire Fighter Paramedic
H-4
Inspector, Bureau of Fire Prevention and Public Safety
H-6
Investigator, Bureau of Fire Prevention
H-10
Chief’s Operator, Fire Department
H-16
Technical Training Specialist, Fire Department
H-18
Coordinator of Community Services
H-19
Operations - Training Supervisor, Airport
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 1
2.2
H-20
Lieutenant, Fire Department
H-22
Lieutenant, Bureau of Fire Prevention and Public Safety
H-24
Lieutenant, Bureau of Fire Investigation
H-28
Lieutenant, Division of Training
H-29
Special Services Officer
H-30
Captain, Fire Department
H-32
Captain, Bureau of Fire Prevention and Public Safety
H-33
Captain, Emergency Medical Services
H-39
Captain, Division of Training
The City agrees that in the event it creates any new uniformed Fire Department
classification below the rank of Battalion Chief during the term of this Agreement, such
new classification shall automatically be accreted to this bargaining unit and be covered
under the terms and provisions of this Agreement.
SECTION 3.
NO DISCRIMINATION
3.1
The City and the Union agree that no member shall in any way be discriminated against
because of race, color, creed, religion, sex, national origin, physical handicap, age,
political affiliation or opinion, or sexual orientation, or gender identity, nor shall such a
person be the subject of sexual or racial harassment.
3.2
Neither the City nor the Union shall interfere with, intimidate, restrain, coerce or
discriminate against any employee because of the exercise of rights granted pursuant to
this Agreement, the Meyers-Milias-Brown Act, and/or Charter Sections A8.590-1
through A8.590-7.
SECTION 4.
DEFINITIONS
Agreement. This Memorandum of Understanding.
Charter. The Charter of the City and County of San Francisco.
City. The City and County of San Francisco.
Commission. The Fire Commission of the City and County of San Francisco.
Day. Calendar day, unless otherwise specified.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 2
Department. The San Francisco Fire Department.
Employee. A full-time employee appointed to a position in any of the classifications in
this bargaining unit.
Immediate Supervisor. The individual who immediately assigns, reviews, or directs the
work of a member.
Intermediate Supervisor. The next higher supervisor based on the organization pattern of
the Department.
Member. A full-time employee appointed to a position in any of the classifications in
this bargaining unit.
MOU. This Memorandum of Understanding.
Ratification. Ratification of this Agreement by the Board of Supervisors of the City and
County of San Francisco.
Shift. A twenty-four (24) hour work schedule of two (2) consecutive twelve-hour
watches, unless specified otherwise herein.
Union. The San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, CLC.
Unit or Unit 1. All full-time employees appointed to the uniformed ranks of the San
Francisco Fire Department in the classifications described in Section 2 of this Agreement.
Watch. All watches in firefighting companies and firefighting units, except the arson
investigation unit, shall run from 0800 to 2000 hours; or from 2000 to 0800 hours. In the
arson investigation unit, the watches shall run from 1200 hours to 2400 hours or from
2400 hours to 1200 hours.
Workday. A workday consisting of either eight (8), ten (10), or twelve (12) hours.
Working Conditions. Wages, hours, benefits and terms and conditions of employment,
i.e., all matters within the scope of representation under the Meyers-Milias-Brown Act.
SECTION 5.
5.1
UNION BUSINESS
A reasonable number of employees designated and authorized by the Union shall be
granted release time (without loss of pay or benefits) to perform their Union functions at
Board and Commission meetings of the City and County of San Francisco, committees
established pursuant to this Agreement or the orders of the Department, to negotiate or to
undertake activities relating to grievance administration. No member shall leave his or
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 3
her duty or work station without specific prior approval of the Chief of the Department or
other authorized management official. Approval shall include consideration of the
operating needs and work schedules of the Department or division to which the member
is assigned.
5.2
A member may designate another member as provided in the Department Rules and
Regulations to represent him/her in grievance or discipline meetings mutually scheduled
with Department management and scheduled appeals hearings without loss of pay or
benefits to the extent such representation occurs on regular scheduled time, and provided
such use of on-duty time is reasonable.
SECTION 6.
6.1
UNION SECURITY
Designation of Management, Supervisory and Confidential Employees
a.
Except as provided otherwise herein, the provisions of this Section shall apply to
all employees in classifications covered under this Agreement when on paid
status.
b.
However, the provisions of this Section shall not apply to individual employees of
the Fire Department who have been properly and finally determined to be
management, confidential or supervisory employees pursuant to Section 16.208 of
the Administrative Code (Employee Relations Ordinance).
c.
When the Employee Relations Director receives a request from the Chief of the
Fire Department or designee to designate position(s) as management, supervisory
or confidential, the Employee Relations Director shall give the Union notice of
such request. The Union shall have ten (10) business days within which to
request a meeting to discuss the requested designation(s). Upon request of the
Union, the Employee Relations Director and the Union shall meet to discuss the
requested designation(s). The Employee Relations Director shall thereafter
approve or disapprove the requested designation(s).
d.
If the Union disagrees with such designation(s), the Union may submit the matter
to an Administrative Law Judge for hearing and final determination.
e.
Designation(s) of position(s) by the Employee Relations Director as management,
supervisory or confidential for which no challenge has been filed by the Union
shall result in termination of agency shop fees if applicable. Challenges of
designation(s) by the Union shall result in agency shop fees being placed in
escrow until the disagreement is resolved by an Administrative Law Judge.
Following final determination by the Administrative Law Judge, the fees shall be
dispersed to either the employee or the Union depending on who prevails.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 4
6.2
Agency Shop
Every employee of the City in the Unit shall, as a condition of continued employment,
become and remain a member of the Union, or in lieu thereof, shall pay a service fee to
the Union. The fair share service fee payment shall be established annually by the Union,
provided that such fair share agency shop service fee will be used by the Union only for
the purposes permitted by law.
6.3
6.4
Payroll Deductions
a.
The Union shall provide the Employee Relations Director with a current
statement of membership dues and service fees. Such statement of membership
dues and service fees shall be amended as necessary.
b.
The City Controller may take up to thirty (30) days to implement changes in
membership dues and service fees after receipt by the Employee Relations
Director of an amended statement of dues and fees.
c.
The Controller shall continue to make deductions of membership dues or service
fees, as appropriate, from the regular periodic payroll warrant of each member of
the Unit.
d.
Nine (9) business days following payday, the City will promptly pay over to the
Union all sums withheld for membership dues and service fees. The City shall
provide, with each payment, a list of employees paying membership dues and a
list of employees paying service fees. All such lists shall contain the employee’s
name, employee number, classification, and amount deducted.
Financial Reporting
Annually, the Union will provide an explanation of the service fee and sufficient financial
information to enable the service fee payer to gauge the appropriateness of the fee. The
Union will provide a reasonably prompt opportunity to challenge the amount of the fee
before an impartial decision maker not chosen by the Union and will make provision for
an escrow account to hold amounts reasonably in dispute while challenges are pending.
6.5
Religious Exemption
Any employee in the Unit, who is a member of a bona fide religion, body or sect which
has historically held conscientious objections to joining or financially supporting a public
employee organization and is recognized by the National Labor Relations Board to hold
such objections to Union membership, shall upon presentation of membership and
historical objection be relieved of any obligation to pay dues or fees to the Union. The
Union shall be informed in writing of any such objections.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 5
6.6
Hudson Compliance
The Union shall comply with the requirements set forth in Chicago Teachers Union v.
Hudson, 475 U.S. 292 (1986) for the deduction of agency shop fees. Annually, the Union
shall certify in writing to the City that the Union has complied with the requirements set
forth in this section and in Hudson.
SECTION 7.
7.1
MEDIA RELATIONS
Elected officers or appointed committee chairpersons of the Union shall be allowed to
speak or comment to the media while on duty provided they change into civilian clothes
and provided further, that they do not purport to represent the views of the Department.
The Chief's office shall be informed in advance, whenever possible, of such contact with
the media. No member shall leave their duty or work station without specific prior
approval of the Chief of the Department or authorized management official. Approval
shall include consideration of the operating needs and work schedules of the Department
or division to which the member is assigned.
SECTION 8.
BULLETIN BOARDS, DISTRIBUTION OF MATERIALS, AND
ANNOUNCEMENTS
8.1
A reasonable amount of space on bulletin boards within Fire Department facilities shall
be made available for the dissemination of Union literature. All literature shall be dated,
shall be identified by affiliation and author, and shall be neatly displayed, and removed
from said bulletin board when no longer timely. The Department agrees that Union
literature shall not be removed from said bulletin boards without first consulting with the
station steward or Union officer to determine if the literature should remain for an
additional period of time. The Department is authorized to remove any literature not
posted within the specific limits of this Section upon notifying the appropriate Union
representative.
8.2
Distribution of Union literature by any Union member shall be done so as not to interfere
with or interrupt the performance of official Fire Department duties.
8.3
The San Francisco Fire Department agrees to issue for posting through its e-mail system
Union notices about Union events and activities, provided that the Union submits its
request by e-mail twenty-four (24) hours in advance or by other written means forty-eight
(48) hours in advance. If the request is time-sensitive, the Union shall so indicate in its
request and, simultaneously with the issuance of the e-mail notice, the Department shall
announce over the public address system that an e-mail notice has been issued and the
general subject of the notice. Any such notice through the e-mail system shall be
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 6
accompanied by a statement that the information conveyed thereby is being provided by
the Union and that the transmission is authorized by the Department.
SECTION 9.
9.1
SALARY
General Wage Increase
Base wages shall be increased as follows:
Effective July 1, 2001
Effective January 5, 2002
Effective July 1, 2002
Effective January 4, 2003
9.2
3%
2%
2.5%
2.5%
Special Market Wage Adjustments
To address market inequities, all represented classifications shall additionally receive the
following market wage adjustments:
July 1, 2001
January 5, 2002
July 1, 2002
January 4, 2003
1%
2%
1.5%
1.5%
9.3
Newly hired H-2 employees shall enter at salary step 1. Advancement to step 2 shall be
upon satisfactory completion of the probationary period. Advancement to subsequent
steps shall be upon completion of one year of service at that step. Salary adjustments
shall be made effective the first full pay period following the effective date.
9.4
The Department will continue to post the schedule of employee wage rates.
SECTION 10.
10.1
PARITY
The parties agree that in the event any salary (general base wage) increase is hereafter
agreed to, granted or awarded to the members of the San Francisco Police Officers'
Association which results in a disparity between the base wage of Q2 Police Officer and
H-2 Fire Fighter, a salary (general base wage) increase shall be automatically
implemented for the members of this bargaining unit in the amount necessary to maintain
base wage salary parity between H-2 Fire Fighter and Q2 Police Officer.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 7
SECTION 11.
RETIREMENT
11.1
City Pick Up Of Member Contributions. In addition to the amounts the Charter requires
the City to contribute to the retirement system, the City shall continue to pick up the
entire employee’s share of retirement contributions to the San Francisco City & County
Employees’ Retirement System (SFERS).
11.2
The aforesaid contributions shall not be considered as a part of an employee's salary for
the purpose of computing straight time earnings, compensation for overtime worked,
premium pay, retirement benefits, or retirement contributions; nor shall such
contributions be taken into account in determining the level of any other benefit which is
a function of or percentage of salary.
11.3
The City shall not treat these contributions as compensation subject to income tax
withholding unless the Internal Revenue Service or Franchise Tax Board indicates that
such contributions are taxable income subject to withholding. Each employee shall be
solely and personally responsible for any federal, state or local tax liability of the
employee that may arise out of the implementation of this section or any penalty that may
be imposed therefor.
11.4
Pre-Retirement Planning Seminar:
The City shall offer a Pre-Retirement Planning Seminar for bargaining unit members on a
semi-annual basis. Bargaining unit members shall be offered the opportunity to attend
this seminar in the order of the number of years of service credit they have towards
retirement. The Fire Department may offer to schedule other bargaining unit members to
attend the seminar when special circumstances warrant such selection. The seminars will
be administered by the San Francisco Fire Department Division of Training in
consultation with the Union at a location to be mutually agreed to by the parties. Unused
carry forward monies from the Tuition Reimbursement Program as provided in this
Agreement will be used to cover the cost of these seminars.
SECTION 12.
HOURS
12.1
Fire Suppression personnel and employees in classification of H-3 Fire
Fighter/Paramedic and H-33 EMS Captain who are not assigned to administrative
assignment shall work a 24-hour shift (two (2) consecutive twelve-hour watches) and a
48-hour average work week, on an alternating (A, B, C) work schedule, and a 21-day tour
of duty. Each such 24-hour shift shall commence at 0800 hours and continue through to
0800 hours the following day.
12.2
Fire Prevention personnel shall work a 10-hour shift and a 40-hour average work week.
Except by consent of the individual, such personnel shall receive three (3) consecutive
days off.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 8
12.3
Fire Investigation personnel assigned to Fire Suppression shall work a 24-hour shift
commencing at 1200 hours and continue through 1200 hours the following day. Fire
Investigation personnel shall work a 48-hour average work week.
12.4
Uniformed Administrative personnel shall work a 40-hour week. Daily work schedules to
be set by the Bureau or Division Chief or Chief of Department.
SECTION 13.
OVERTIME COMPENSATION
13.1
The Chief of the Department or designee may require members to work longer than the
regular work day or the regular work week. Subject to the provisions below, any time
actually worked under proper authorization or suffered to be worked in excess of the
number of hours normally scheduled shall be designated as overtime and shall be
compensated at one and one half (1-1/2) times the base hourly rate, except as otherwise
required by the FLSA. For the purposes of this section, statutory holidays and vacation
hours shall be counted as hours worked. Overtime compensation so earned shall be
computed subject to all the provisions and conditions set forth herein.
13.2
In addition, when the Chief of the Department or designee requires a member to return to
work at a time other than the member's regularly scheduled shift, such mandatory work
time shall be compensated as overtime.
13.3
The method of assigning overtime shall be in accordance with a procedure developed by
the Fire Department and the Union. Said procedure shall provide a fair and equitable
method for assigning overtime, so each member of the bargaining unit shall have as equal
an opportunity as possible, taking into consideration operational needs, to be scheduled to
work overtime.
13.4
Members working a forty (40) hour workweek (i.e., 80 hours biweekly) who accept a
suppression overtime assignment shall be compensated at the appropriate suppression
hourly rate (i.e., based on the 96-hour biweekly rate).
SECTION 14.
14.1
COMPENSATORY TIME ("TIME COMING")
Members may request to earn compensatory time off at the rate of time-and-one-half in
lieu of paid overtime at the rate of time-and-one-half, subject to the approval of the Chief
of the Department. The maximum amount of accumulated compensatory time ("time
coming") shall be 480 hours. Once a bargaining unit member reaches this maximum, the
member can only be paid in cash for all work for which he or she would otherwise be
eligible and approved to earn compensatory time.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 9
14.2
All bargaining unit members shall be entitled to use their compensatory time upon
reasonable notice provided that such time off is not unduly disruptive to the operations of
the Department.
14.3
In accordance with 29 U.S.C. 207(o)(5), no request for the use of compensatory time
shall be denied on the basis that such use of compensatory time will require the hiring of
a replacement on overtime.
14.4
Restrictions on Requests for Non-Emergency Time Coming
14.5
a.
In order to provide consistent staffing throughout each tour of duty, all timecoming, for employees assigned to 24-hour shifts, will be granted in increments of
twelve (12) hours, corresponding to the member’s assigned watch. In this way,
members who use compensatory time-coming can be replaced and proper staffing
levels maintained.
b.
Exchange of time-coming will only be allowed between members of the same
rank.
Emergency Time Coming
a.
Emergency use of time-coming may be granted to officers and members of fire
suppression companies by the on-duty battalion chief. Firefighters shall request
such use through their company officer.
b.
During regular office hours, the granting officer shall verify with the Bureau of
Assignments that the member has sufficient time accumulated to satisfy the
request. If emergency compensatory time is requested and granted after normal
Bureau of Assignments office hours, the granting Chief Officer shall verify and
report the requesting member's time-coming balance by contacting the Bureau of
Assignments (between 0700 and 0800 hours) prior to the completion of the Tour
of Duty.
c.
Form 418.2 shall be completed and signed by the granting officer, and submitted
through channels to the Bureau of Assignments immediately after verification.
d.
Emergency use of time-coming may be granted to non-suppression members by
their immediate superior. Verification and report requirements are the same as for
members of fire suppression companies.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 10
SECTION 15.
15.1
Employees who, as part of the duties of their positions, are assigned in writing by the
Chief of the Department or designee, to standby service while off duty to be instantly
available shall have a paging device or cell phone made available to use during the period
of standby service. Such employees shall be paid ten percent (10%) of base pay for the
period of such standby service. When such employees are called to perform their duties,
they shall be paid at their regular rate of pay at the appropriate straight-time or overtime
rate for all time while engaged in the performance of their duties plus actual travel time to
and from the assignment not to exceed one (1) hour of travel time each way.
SECTION 16.
16.1
STANDBY PAY
SENIORITY LIST
The Fire Department shall maintain and post biannually a current seniority list on
approximately January 1 and July 1 of each year during the term of this Agreement.
SECTION 17.
DEFINITION OF SENIORITY
17.1
Departmental seniority shall be determined by continuous service in the Fire Department
calculated from the date of employment in a uniformed rank in the Department.
Seniority in rank shall be calculated from date of appointment to the rank. Continuous
service shall be broken only by resignation, discharge or retirement. This section is not
intended to change the current rules of the San Francisco Fire Department regarding
seniority.
17.2
Notwithstanding the above, seniority within the rank of H-3 Firefighter Paramedic for
members who were in the Department as of July 1, 1997 and who completed paramedic
training by February 1, 2000 shall be calculated using an “odd/even” plan as follows:
members appointed to this rank who previously held permanent appointment to the rank
of H-2 Firefighter shall be assigned odd seniority numbers and members who previously
held permanent appointment to the rank of H-1 Firefighter Paramedic shall be assigned
even seniority numbers. For members who were not in the Department as of July 1,
1997, seniority within the rank of H-3 Firefighter Paramedic shall be calculated from the
date of the appointment to the H-3 rank, except that seniority for members in the fourth
and fifth paramedic classes shall be in accordance with General Order 99 A-99. Seniority
numbers previously granted to H-3 Firefighter Paramedics will remain the same.
17.3
Further, seniority within the rank H-33 EMS Captain shall be identical with that of the
DPH Paramedic Division sign up roster for all persons appointed to the H-33 rank from
class 2534.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 11
17.4
Seniority for employees appointed to the same rank on the same day shall be calculated
for new employees using the Department’s lottery method and for promotional
employees, by using an employee’s ranking on the eligibility list of said rank.
SECTION 18.
ASSIGNMENTS AND TRANSFERS
18.1
Assignments and transfers shall be made pursuant to the provisions of Article No. 39,
Rule 3953 of the Rules and Regulations of the Fire Department.
18.2
Employees who are appointed from the rank of H-2 Firefighter to the rank of H-3
Firefighter/Paramedic shall be entitled to reinstate to the rank of H-2 Firefighter after five
(5) years of continuous service in the rank of H-3 Firefighter/Paramedic, except that such
reinstatement may be permitted at an earlier date in cases of extreme personal hardship or
when a H-3 Firefighter/Paramedic can no longer perform the duties of a paramedic and is
able to perform the duties of Firefighter subject to the approval of the Chief of
Department.
18.3
All reinstatements will become effective based on the Department’s assessment of its
operational needs and service to the public. Upon reinstatement, the employee’s years of
service in the rank of H-3 Firefighter/Paramedic shall be counted as years of service in
the rank of H-2 Firefighter for the purpose of determining seniority in that rank.
18.4
Vacant Tour Assignments within Suppression shall be awarded by seniority on the basis
of the then current seniority list.
Assignment of Apparatus Operators, Emergency Medical Technicians and Associated
Relief Personnel
18.5
Assignment to permanent vacancies in designated Apparatus Operator and EMT
positions will be in accordance with §3953 of the Rules and Regulations. Personnel
holding permanent assignment to these positions will keep the position, providing they
remain qualified and subject to the provisions of §3953 of the Rules and Regulations.
18.6
Short term vacancies, sixty (60) days or less, will be filled on a daily basis by a qualified
person in the following order:
a.
Assigned members in the company by seniority, provided that such member is
regularly scheduled for work on that day in that company.
b.
Assigned members in the station by seniority.
c.
Vacation relief or detailed members by seniority.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 12
NOTE: Vacation relief personnel will not be assigned to an Apparatus Operator
or EMT position if there is a qualified permanent member in the company or
station willing to be temporarily assigned to the position.
18.7
Long term vacancies, more than sixty (60) days, will be temporarily filled, until the
position is advertised and permanently filled, by a qualified person in the following order:
a.
Assigned members in the company as designated by the Captain of the company,
with due regard for seniority.
b.
Assigned members in the station as designated by the Captain of the company,
with due regard for seniority.
c.
Vacation relief personnel will be assigned to the position by the Bureau of
Assignments, with due regard for seniority.
NOTE: Vacation relief personnel will not be assigned to an Apparatus Operator
or EMT position if there is a permanent qualified member in the company or
station willing to be temporarily assigned to the position.
18.8
In no case may a person own two positions.
18.9
Temporary reassignments may not be made of personnel occupying a similar assignment
in the same or another company.
Assignment to the Emergency Communications Department (“ECD”)
18.10 It is the goal of the City and County of San Francisco to staff the ECD with nonuniformed dispatchers.
18.11 The regular schedule for members assigned to the ECD shall be a twelve (12) hour shift
and a forty-two (42) hour average workweek. Shifts will be based on a six (6) week
rotating A, B, C, D schedule of “three days on and three days off.” The day shift will be
from 0700-1900 and the night shift will be from 1900-0700. These schedules shall be
considered a suppression assignment.
18.12 Members assigned to the ECD shall receive dispatcher premium pay of eight percent
(8%) of the base rate of pay for all hours worked during the forty-two (42) hour
workweek at the ECD. Premium payments provided in this section shall be considered as
part of an employee’s regular rate of pay for the purpose of computing overtime pay due
under this Agreement only to the extent required by the Fair Labor Standards Act, but
shall not be included in the calculation of retirement benefits due from the San Francisco
City and County Employees’ Retirement System or any other benefit which is a function
or percentage of salary.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 13
18.13 Overtime compensation shall be defined as hours worked in excess of the hours as set
forth above.
18.14 The Department will consider the following criteria for selecting members for assignment
to the ECD in the following order:
(1)
volunteers;
(2)
members with the least seniority in rank.
18.15 Members who have been assigned and/or detailed to the ECD and have worked a
maximum of 2316 hours (193 12-hour shifts), shall be reassigned to a shift in the field.
The computation of the required hours shall include actual hours worked on or after April
1, 2000 at the ECD, excluding overtime.
18.16 If necessary to meet the operational needs of the ECD on a particular day, members may
be detailed from the field to the ECD for up to twelve (12) hours. The Department will
not detail members to the ECD for less than twelve (12) hours or after 8 p.m. except for
training purposes or due to unforeseen exigent circumstances. Members detailed to the
ECD shall be chosen in the following order:
(1)
newly trained members awaiting assignment;
(2)
members who have been assigned to the ECD within the previous thirteen
(13) months shall be chosen according to the ECD “detail chart”.
18.17 The City shall provide communications training for members who are assigned to work at
the ECD. No member shall be assigned or detailed to work at the ECD until he/she is
fully trained. The City shall provide communications training so that members will be
fully trained prior to their assignment.
18.18 The Department shall grant requests for IDVs and TCs for members assigned to the ECD
received before December 15 on the basis of seniority. The Department shall act on
requests for IDVs and TCs received after December 15 in the order received. Requests
for IDVs and TCs shall be approved or rejected by the Department, in writing, within five
(5) business days of such request.
18.19 The Department shall honor all previously approved elective leave requests in the event a
member is reassigned to the ECD or if a member is reassigned from the ECD to the field.
18.20 Break schedules for members assigned to the ECD shall be established by the Fire
Department.
18.21 No member shall be permanently excused from assignment and/or detail to the ECD.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 14
SECTION 19.
VACATION LEAVE
19.1
Vacation leave shall be provided as set forth in Charter Section A8.440.
19.2
The annual suppression vacation selection procedure shall continue to be on the basis of
seniority in rank.
19.3
The parties will meet within ninety (90) days of the ratification of this Agreement to
develop a plan consistent with Administrative Code sections 16.11 and 16.12 to become
effective June 30, 2003.
Intermittent Daily Vacation Hours
19.4
Bargaining unit members who during the annual vacation sign-up do not schedule the
entire vacation which they have, or will have, earned and accumulated may request to
take such unscheduled vacation hours off from work during the year as Intermittent Daily
Vacation hours, subject to the following conditions:
19.5
Bargaining unit members who have, or will have, earned and accumulated 120 hours of
vacation may be granted two (2) or four (4) 12-hour watches of Intermittent Daily
Vacation hours annually, which must be taken in blocks of 24 hours at a time, i.e., two
12-hour watches in pairs.
19.6
Bargaining unit members who have, or will have, earned and accumulated 180 hours of
vacation may be granted two (2), four (4), or five (5) 12-hour watches of IDV hours. A
bargaining unit member who takes five (5) 12-hour watches of IDV hours must take four
(4) of those 12-hour watches of IDV hours in blocks of 24 hours at a time, i.e., two 12hour watches in pairs. The bargaining unit member may combine the remaining 12 hours
of vacation with 12 hours of time coming in order to obtain paid leave for an entire
twenty-four (24) hour shift.
19.7
Bargaining unit members who have, or will have, earned and accumulated 240 hours of
vacation may be granted two (2), four (4), six (6) or eight (8) 12-hour watches of IDV
hours that must be taken in blocks of 24 hours at a time, i.e., two 12-hour watches in
pairs.
19.8
Requests for IDV hours shall be forwarded after the release of the annual vacation
schedule for the next calendar year. Requests received on or before December 15 will be
granted or denied on the basis of seniority in rank. Requests for IDV hours received after
December 15 will be granted or denied in the order in which they are received.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 15
SECTION 20.
20.1
HOLIDAYS
Non-Suppression Personnel
a.
Designation of Holidays
1.
Except when normal operations require, or in an emergency, nonsuppression personnel shall not be required to work on the following days, which
are hereby declared to be holidays for such employees:
§
§
§
§
§
§
§
§
§
§
§
§
New Year's Day, January 1;
Martin Luther King, Jr.'s Birthday;
Presidents' Day, the third Monday in February;
Memorial Day, the last Monday in May;
Independence Day, July 4;
Labor Day, first Monday in September;
Columbus Day, the second Monday in October;
Veteran's Day, November 11;
Thanksgiving Day;
The Day After Thanksgiving;
Christmas Day, December 25;
Any day declared to be a holiday by proclamation of the Mayor after
declared by the Governor of the State of California or the President of the
United States.
2.
Employees assigned to seven (7) day non-suppression operations shall be
allowed another day off (eight (8) hours), if a holiday as specified in this section
falls on one of their regularly scheduled days off.
3.
For non-suppression Monday through Friday operations: In the event a
legal holiday falls on Saturday, the preceding Friday shall be observed as a
holiday; provided, however, that except where the Governor declares that such
preceding Friday shall be a legal holiday, the Chief of the Department shall make
provision for the staffing of public offices under his/her jurisdiction on such
preceding Friday so that said public offices may serve the public as provided in
Section 16.4 of the Administrative Code. Those employees who work on a Friday
which is observed as a holiday in lieu of a holiday falling on Saturday shall be
allowed a day off in lieu thereof as scheduled by mutual agreement with the Chief
of the Department or designee within the same fiscal year of the date of the
holiday.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 16
b.
Floating Holidays
1.
Non-suppression personnel are granted three (3) floating holidays per
fiscal year to be taken with approval of the Chief of the Department or designee.
2.
Non-suppression personnel in the bargaining unit who are unable to take
floating holidays during an entire fiscal year due to disability may convert his or
her floating holiday(s) at straight time to time-coming (compensatory time).
c.
Holiday Pay (Compensation for work performed on a holiday)
Non-suppression personnel who are required to work on any of the above fixed
holidays shall be compensated at the rate of time and one half of the regular rate
of pay for any hours actually worked on a holiday, subject to the approval of the
Chief of the Department or designee.
20.2
Fire Suppression Personnel
a.
Twenty-four (24) hour fire suppression personnel shall be paid a six percent (6%)
holiday premium per pay period, excluding overtime compensation and
premiums, as holiday compensation for the holidays specified in Section 20.1 of
this Agreement except as follows:
b.
Members who utilize sick pay on any of the days specified as a holiday shall not
receive the six percent (6%) holiday premium in that pay period.
c.
Effective November 1, 2001, members who utilize sick pay on the day before, the
day of, or the day after a specified holiday shall not receive the six percent (6%)
holiday premium for two pay periods. Members on disability leave and/or
members working a forty (40) hour-per-week schedule on a temporary modified
duty assignment on any specified holiday shall not receive the six percent (6%)
holiday premium for that one pay period.
SECTION 21.
21.1
STAFFING
Deployment of all personnel shall be at the discretion of the Chief of Department, subject
to the following minimum requirements:
a.
Engines - All fire engines shall be regularly and routinely staffed with one (1)
officer and three (3) firefighters. At 0800 hours and 2000 hours, all fire engines
shall be staffed with one officer and three firefighters.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 17
b.
Rescue Squads - All rescue squads shall be regularly and routinely staffed with
one (1) officer and three (3) firefighters. At 0800 and 2000 hours, all rescue
squads shall be staffed with one (1) officer and three (3) firefighters.
c.
Trucks - All trucks shall be regularly and routinely staffed with one (1) officer
and four (4) firefighters. Any truck with an inoperative aerial ladder shall be
regularly and routinely staffed with one (1) officer and five (5) firefighters for the
period of time that the aerial ladder is inoperative, or until such time as the truck
with the inoperative aerial ladder is replaced with a truck with an operative aerial
ladder. At 0800 and 2000 hours, all trucks shall be staffed with one (1) officer
and four (4) firefighters, and any truck with an inoperative aerial ladder shall be
staffed with one (1) officer and five (5) firefighters.
d.
Chief's Aide - The Chief of Department shall be assigned a Chief's Aide from
0800 to 2000 hours and from 2000 to 0800 hours each day.
e.
Firefighting Battalions and Divisions - Each Battalion and Division shall have one
(1) Chief's Aide on duty from 0800 to 2000 hours and from 2000 to 0800 hours
each day.
21.2
The Department shall have one (1) H-33 (EMS Captain on radio/communications/CMED) on duty seven (7) days each week, 24 hours each day.
21.3
The Department acknowledges its responsibility to regularly and routinely provide
adequate staffing levels to meet fire suppression and emergency medical service needs
and for the safety of all members of the Department, as set forth above.
SECTION 22.
22.1
A member of the bargaining unit may exchange his or her scheduled shift or watch with
another member in accordance with the Fire Department Rules and Regulations, provided
the exchange results in no net increase in cost to the City.
SECTION 23.
23.1
SHIFT AND WATCH EXCHANGES
WORKING OUT OF CLASSIFICATION
Daily Acting Assignments (Suppression)
Suppression members assigned by the Chief of the Department or designee to perform
the full range of duties and responsibilities of a higher rank for a minimum of one full
watch shall be paid at the rate of that rank while assigned. The provisions of this section
shall apply only to positions which are normally scheduled to perform duties on a 24hour shift schedule. If disabled while working at a higher classification as described
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 18
above, the member shall receive disability benefits at the level attached to the rank at
which the member was assigned at the time of such disability.
23.2
Long Term Acting Assignments (Suppression)
Suppression members assigned by the Chief of the Department or designee to perform
the full range of duties and responsibilities of a higher rank shall receive the
compensation of the higher rank for the duration of the assignment (including paid leave)
if all of the following conditions are met:
(1)
The long-term assignment shall be made in writing by the Chief of Department,
(2)
The position to which the member is assigned must be an authorized budgeted
position, and
(3)
The member is assigned to perform the duties of the higher rank for longer than
30 calendar days.
If disabled while working at a higher classification as described above, the member shall
receive disability benefits at the level attached to the rank at which the member was
assigned at the time of such disability.
23.3
Non-Suppression Acting Assignments
Non-suppression members assigned by the Chief of the Department or designee to
perform the full range of duties and responsibilities of a higher rank shall receive the
compensation of the higher rank (including paid leave) if all of the following conditions
are met:
23.4
(1)
The acting assignment shall be made in writing by the Chief of Department,
(2)
The position to which the member is assigned must be an authorized budgeted
position, and
(3)
The member is assigned to perform the duties of the higher rank for longer than
ten (10) consecutive working days.
The provisions of this section shall be administered in accordance with Department of
Human Resources policies and procedures.
SECTION 24.
24.1
TRAINING AND EDUCATION ACHIEVEMENT PAY
Training and Education Achievement Pay is intended to encourage individual
development through a comprehensive educational program.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 19
24.2
Members who possess one or more of the following shall receive an additional six
percent (6%) of their base wage:
(1)
Associate of Arts or Associate of Science degree in Fire Science or related field;
(2)
Bachelor of Arts or Bachelor of Science degree in related field;
(3)
Ten (10) years of service in the Fire Department and completion of the Fire
Department’s annual training requirements.
24.3
Training and Education Achievement Pay shall be considered as part of an employee’s
regular rate of pay for the purpose of computing overtime pay due under this Agreement.
Training and Education Achievement Pay shall be considered as part of an employee’s
salary for the purpose of computing retirement benefits and retirement contributions.
Members on disability shall continue to receive Training and Education Achievement
Pay.
SECTION 25.
HAZARDOUS MATERIALS PAY
25.1
Members who are qualified Hazardous Materials (HAZ MAT) Specialists shall receive
$26.50 Hazardous Materials Pay, per biweekly pay period.
25.2
Hazardous Materials Pay shall be considered as part of an employee’s regular rate of pay
for the purpose of computing overtime pay due under this Agreement only to the extent
required by the Fair Labor Standards Act, but shall not be included in the calculation of
retirement benefits due from the San Francisco City & County Employees’ Retirement
System or any other benefit which is a function or percentage of salary.
SECTION 26.
EMERGENCY MEDICAL TECHNICIAN PAY
26.1
Each Engine Company, Rescue Squad and Truck Company shall be regularly staffed
with at least one Emergency Medical Technician (EMT) during each watch.
26.2
A qualified EMT temporarily assigned to carry out the duties of the regularly assigned
EMT for a minimum of one full watch shall receive 5 percent (5%) of base pay when
performing such work prorated for each watch so assigned.
26.3
Each Engine Company, Rescue Squad and Truck Company shall be regularly staffed
with one Emergency Medical Technician (EMT) during each watch. Assignment pay for
such EMTs shall be 5 percent of base pay when performing such work. Such pay shall
only be paid to members who are actually assigned to and performing the EMT function.
26.4
If EMTs are assigned to an ambulance, those EMTs shall receive an eight percent (8%)
assignment pay.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 20
26.5
If a regularly assigned EMT is unavailable for duty, temporary assignments shall be made
in conformity with the procedures specified in this Agreement.
26.6
EMT pay shall be considered as part of an employee’s regular rate of pay for the purpose
of computing overtime pay due under this Agreement only to the extent required by the
Fair Labor Standards Act, but shall not be included in the calculation of retirement
benefits due from the San Francisco City & County Employees’ Retirement System or
any other benefit which is a function or percentage of salary.
SECTION 27.
APPARATUS OPERATOR ASSIGNMENT PAY
27.1
Employees assigned to perform the duties of apparatus operator (pump operator, aerial
truck operator, tiller operator, Rescue Squad driver, Bureau of Equipment driver, Service
Squad driver and Airport apparatus driver) shall receive Apparatus Operator Assignment
Pay of 5 percent (5%) of their base pay for performing such work. Apparatus Operator
Assignment Pay shall be paid only to members actually assigned to and performing this
function.
27.2
The above designated positions currently assigned shall continue following execution of
this Agreement. Vacancies in such assignments shall be filled in accordance with
practices in effect at the time of the execution of this Agreement.
27.3
If a regular apparatus operator as described above is unavailable for duty, Relief
Apparatus Operators (RAOs) shall be assigned on a daily basis and paid pro-rata
assignment pay for each full watch so assigned in conformity with the procedures
specified in this Agreement.
27.4
Qualifications shall be established through methods and procedures determined by Fire
Department administration.
27.5
Apparatus Operator Assignment Pay shall be considered as part of an employee’s regular
rate of pay for the purpose of computing overtime pay due under this Agreement only to
the extent required by the Fair Labor Standards Act, but shall not be included in the
calculation of retirement benefits due from the San Francisco City & County Employees’
Retirement System or any other benefit which is a function or percentage of salary.
SECTION 28.
28.1
ADMINISTRATIVE ASSIGNMENT PAY
Members assigned by the Chief of the Department from the field to a forty (40) hour
work week to perform administrative assignments as determined by the Chief of the
Department will receive additional compensation of $175 biweekly.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 21
28.2
Members eligible for Administrative Assignment Pay shall be eligible to receive only the
Training and Education Achievement Pay for his/her designated rank as provided under
this Agreement. Members eligible for Administrative Assignment Pay shall not be
eligible to receive Hazardous Materials Pay, as provided under this Agreement.
28.3
Members who are assigned to positions or functions which require staffing seven days a
week shall not be eligible to receive Administrative Assignment Pay; however, such
members shall be eligible to receive holiday pay in the same manner as members
assigned to 24-hour shift schedules.
28.4
Administrative Assignment Pay shall be considered as part of an employee’s regular rate
of pay for the purpose of computing overtime pay due under this Agreement only to the
extent required by the Fair Labor Standards Act, but shall not be included in the
calculation of retirement benefits due from the San Francisco City & County Employees’
Retirement System or any other benefit which is a function or percentage of salary,
except that any Administrative Assignment Pay that was being paid to a member at the
time the member became disabled shall be included in the member’s disability benefits.
SECTION 29.
29.1
PREMIUM PAYMENTS
Employees who begin participation in the Department’s paramedic cross-training
program after ratification of this Agreement, and who obtain a California paramedic
license and are appointed to an H-3 Firefighter/Paramedic position shall, upon successful
completion of the cross-training program, receive a lump sum payment based on the
following formula:
a.
Three percent (3%) of base pay for all periods of active participation in the
paramedic cross-training program beginning with the commencement of the
employee’s participation in the program and ending with the completion of the
initial six (6) month training requirements, and
b.
Five percent (5%) of base pay for all periods of active participation in the
paramedic cross-training program beginning with completion of the initial six (6)
month training requirements and ending with completion of the program.
29.2
However, if, within five (5) years of the date of the original paramedic license, an
employee who received a lump sum payment related to the paramedic cross-training
program fails to maintain a paramedic license or requests to be reinstated to an
appointment not requiring a paramedic license and such request is approved, such
employee shall be required to repay the money he/she received.
29.3
Employees who enrolled in the paramedic cross training program prior to ratification of
this Agreement, shall continue to receive a three percent (3%) biweekly paramedic
training differential. The paramedic training differential shall be increased to five percent
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 22
(5%) biweekly upon satisfactory completion of the initial six (6) month training
requirements and continued participation in the paramedic cross training program.
29.4
Employees in the rank of H-3 Firefighter/Paramedic who are designated as a certified
Preceptor in relation to paramedic or other emergency medical services training activities
shall be paid an eight percent (8%) Preceptor differential in addition to their base pay for
any hours during which they are assigned to perform such duties.
29.5
Employees in ranks of H-20 Lieutenant and H-30 Captain who are currently certified by
the SFFD EMS Medical Director as a paramedic shall be paid an additional $26.50
biweekly incentive pay for as long as they maintain such certification.
29.6
Employees who are assigned by the Chief of the Department to a designated bilingual
assignment shall be paid an additional compensation of $36.00 biweekly. A designated
bilingual assignment is one designated by the Department which requires translating to
and from a foreign language including sign language as used by the hearing impaired.
29.7
Effective July 1, 2002, employees who have completed twenty-seven (27) years or more
of service as a uniformed member of the Department shall receive 2% retention pay.
Retention pay shall be included for purposes of retirement benefit calculations and
contributions. Further, it is the parties’ understanding that this benefit is part of the salary
attached to all ranks for uniformed members who have completed twenty-seven (27)
years or more of service covered by this Agreement. Retention pay that was being paid
to a member at the time the member became disabled shall be included in the member’s
disability benefits.
29.8
Preceptor differential pay, EMT pay, Paramedic Incentive pay, Apparatus Operator
Assignment pay, and/or bilingual pay may be stacked with Retention Pay and either
Hazardous Material Pay or Training and Education Achievement Pay. Members who are
permanently assigned by the Chief of Department to a Hazardous Material Specialist
assignment may stack these premiums with Retention Pay, Hazardous Material and
Training and Education Achievement Pay. There shall be no other pyramiding or
stacking of premium payments provided in this Agreement.
29.9
Premium payments provided in this section shall be considered as part of an employee’s
regular rate of pay for the purpose of computing overtime pay due under this Agreement
only to the extent required by the Fair Labor Standards Act. Except for retention pay as
provided in Section 29.7, premium payments provided in this section shall not be
included in the calculation of retirement benefits due from the San Francisco City &
County Employees’ Retirement System or any other benefit which is a function or
percentage of salary.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 23
SECTION 30.
FAMILY CARE AND MATERNITY/PATERNITY LEAVE
30.1
Maternity and paternity leave is the right of every member in accordance with Civil
Service Commission Rules.
30.2
The starting date for maternity leave is a decision of the member and her doctor.
30.3
The return date from maternity leave is a decision of the member and her doctor.
30.4
The member has the right to include vacation time, sick leave and/or any other accrued
leave in maternity leave.
30.5
All bargaining unit members who have one or more years of continuous service in the
San Francisco Fire Department shall be granted up to one year of unpaid family care
leave for the following reasons:
1.
The birth of a biological child of the employee;
2.
The assumption by the employee of parenting or child rearing responsibilities.
Family care leave does not apply to an employee who temporarily cares for a
child for compensation, such as a paid child care worker.
3.
The serious illness or health condition of a family member of the employee, the
employee’s spouse or domestic partner, the biological or adoptive child of the
employee, or a child for whom the employee has parenting or child rearing
responsibilities; or
4.
The mental or physical impairment of a family member of the employee, the
employee’s spouse or domestic partner, a parent of the employee or the
employee’s spouse or domestic partner, the biological or adoptive child of the
employee, or a child for whom the employee has parenting or child rearing
responsibilities, which impairment renders that person incapable of self-care.
30.6
Bargaining unit members shall also be entitled to use accrued vacation time, sick leave,
and/or any other accrued leave for family care leave.
30.7
Any member in a Non-Suppression position working a 40-hour work week shall be
granted paid release time to attend parent teacher conferences of up to four (4) hours per
fiscal year (for children in kindergarten or grades 1 to 12).
30.8
In addition, any member in a Non-Suppression position working a 40-hour work week
who is a parent or who has child rearing responsibilities (including domestic partners, but
excluding paid child care workers) of one or more children in kindergarten or grades 1 to
12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not to
exceed eight (8) hours in any calendar month of the fiscal year, to participate in the
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 24
activities of the school of any child of the employee, provided that the employee, prior to
taking the time off, gives reasonable notice of the planned absence. The employee may
use vacation, floating holiday hours, or compensatory time off during the planned
absence.
30.9
The City shall continue to provide health and dental care benefits for employees and their
dependents while employees are absent from work on unpaid family care leave as
provided in this section.
30.10 When a female member returns to work from maternity leave, she will be reinstated in
her original assignment if possible, otherwise to a comparable assignment, provided,
however, that a female member returning to work from maternity leave may elect to work
for a period of up to six (6) weeks in a temporary modified duty assignment as
determined to be appropriate by the Department Physician before being reinstated to her
original assignment or a comparable assignment.
SECTION 31.
HEALTH AND DENTAL COVERAGE
31.1
Employee Health Coverage: The City shall continue to provide contributions for
employee health benefits as may be available through the Health Service System for
members at the rate of $197.00 per month or at the rate set pursuant to Charter Sections
A8.423 through A8.428, whichever is greater.
31.2
For “Medically Single Employees” (employees with no dependents enrolled in the Health
Service System): the City shall contribute the total amount for the employees’ own
health care premium coverage.
31.3
Dependent Health Coverage: The City shall contribute up to $225.00 per month towards
members’ dependent health coverage. However, in the event that the cost of dependent
care exceeds $225.00 per month, the City will adjust its pick-up level up to 75% of the
cost of Kaiser’s dependent health care medical premium coverage for the “employee plus
two or more dependents” category.
31.4
The aforesaid contributions shall be paid to the City Health Service System, and shall not
be considered as a part of an employee's salary for the purpose of computing straight time
earnings, compensation for overtime worked, premium pay, retirement benefits, or
retirement contributions; nor shall such contributions be taken into account in
determining the level of any other benefit which is a function of or percentage of salary.
31.5
Dental Coverage: The City shall continue to provide dental benefits at the existing level.
31.6
Members shall be permitted to choose which available City plan they wish to participate
in during the Health Service System open enrollment period.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 25
31.7
The kinds of benefits made available by the City to the domestic partners of other City
employees shall be available to the domestic partners of members of the Department.
31.8
Hepatitis B Vaccine and Hepatitis C Screening. The City shall provide, at its cost,
Hepatitis B vaccine immunization and Hepatitis C screening for members whose health
plans do not provide these benefits.
31.9
Annual Tuberculosis Screening. The City shall provide, at its cost, annual tuberculosis
screening for members.
31.10 Voluntary prostate cancer screening:
As part of the Department’s Health Check Program, the Department shall offer all male
bargaining unit members who are over 40 years of age, at no cost to the members,
voluntary prostate cancer screening, using the current industry standard screening
procedure for the detection of prostate cancer.
31.11 Voluntary breast cancer screening:
As part of the Department’s Health Check Program, the Department shall offer all female
bargaining unit members who are over 35 years of age, at no cost to the members,
voluntary breast cancer screening, using the current industry standard screening
procedure for the detection of breast cancer.
31.12 The City shall provide, at the option of the member, and at no cost to the member,
immunization for:
·
·
·
·
·
tetanus-diphtheria
rubella
measles
polio
influenza
31.13 In the event an employee has a health plan made available through the City, and such
plan provides for immunizations or screenings at no cost to the employee, such plan shall
be utilized to fulfill the provisions of this section.
31.14 Consistent with applicable law, the City shall maintain confidentiality of all medical
records and other medical information concerning members.
31.15 As set forth in Administrative Code section 16.701(b), a covered employee who is not in
active service for more than twelve (12) weeks shall be required to pay the Health
Service System for the full premium cost of membership in the Health Service System,
unless the employee is on sick leave, workers' compensation, mandatory administrative
leave, approved personal leave following family care leave, a disciplinary suspension or
on a layoff holdover list where the employee verifies that he or she has no alternative
coverage.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 26
SECTION 32.
WELLNESS PROGRAM
32.1
The City hereby establishes a pilot "wellness incentive program" to promote workforce
attendance.
32.2
Effective July 1, 2002, any full-time employee leaving the employment of the City upon
service or disability retirement may receive payment of a portion of accrued sick leave
credits at the time of separation.
32.3
The amount of this payment shall be equal to two-and-one-half percent (2.5%) of accrued
sick leave credits at the time of separation times the number of whole years of continuous
employment times an employee's salary rate, exclusive of premiums or supplements, at
the time of separation. Vested sick leave credits, as set forth under Civil Service
Commission Rules, shall not be included in this computation.
Example of Calculation:
Employee A retires with 20 years of service.
Employee A has a sick leave balance of 500 hours.
Employee A has a base salary rate of $25.00 per hour at the time of separation.
Wellness Incentive = 2.5% for each year of service x 20 years of service = 50%
50% x 500 hours = 250 hours.
250 hours x $25.00 (base salary at time of separation) = $6,250.00
32.4
The number of hours for which an employee may receive cash payments shall not exceed
one thousand forty (1,040) hours, including any vested sick leave, for employees
scheduled to work forty (40) hours per week or one thousand two hundred seventy two
(1,272) hours, including any vested sick leave, for employees scheduled to work 24-hour
shifts.
32.5
A wellness incentive bonus payment shall not be considered as part of an employee's
compensation for the purpose of computing retirement benefits.
SECTION 33.
33.1
UNIFORMS
The City shall furnish and thereafter maintain, at no cost to the employee, all uniforms,
protective clothing, and safety equipment required of bargaining unit members in the
performance of their duties, including, but not limited to, respiratory apparatus, gloves,
helmets, turnouts, protective clothing, hearing protectors and other protective equipment
such as personal alarm devices, or personal flotation devices, necessary to preserve and
protect the safety and health of fire fighters.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 27
33.2
The City shall also furnish all bargaining unit members assigned to ambulance duty and
all bargaining unit members in the classification of H-33, Captain, Emergency Medical
Services, with turnouts, and protective eye wear (splash shield). The City shall also make
available ballistic vests to the members described in this section. The City shall also
provide raingear for all members assigned to ambulance duty.
33.3
All protective clothing and equipment referred to in this section shall meet the CALOSHA safety standards, whether existing or promulgated during the term of this
Agreement.
33.4
Upon notification that an item of an employee's uniform or safety equipment is in need of
replacement, the City shall replace that item by the beginning of the member's next
scheduled duty shift, unless a special order has to be placed for a custom size. Members
shall maintain their uniforms in serviceable condition.
33.5
During the term of this Agreement, the City shall provide and maintain each truck
company with two portable Department radios, in working order, and each member of a
rescue squad with one such radio while on duty.
SECTION 34.
MANAGEMENT RIGHTS
34.1
Except as otherwise provided in this Agreement, in accordance with applicable state law,
nothing herein shall be construed to restrict any legal City rights concerning the
consideration of the merits, necessity, or organization of any service or activity provided
by the City.
34.2
The Union agrees that its members shall be subject to all Civil Service and Fire
Department Rules and Regulations, and to all General Orders of the Fire Department,
including those relating to conduct and work performance. The parties agree that this
section does not alter the parties’ respective positions on the application of Charter
Section A8.590 et seq. to disputes over changes to Civil Service Commission Rules or
changes to employment practices within the scope of those Rules. The above subject
matters are not subject to the grievance procedure contained in this MOU.
SECTION 35.
SAFETY AND HEALTH
35.1
Whenever possible, the Department will reduce the risk of on-the-job exposure to viruses
that may cause communicable diseases.
35.2
Health and Safety Committee:
There is hereby created an SFFD Joint Health and Safety Committee consisting of six (6)
members, three (3) appointed by the Chief of Department and three (3) appointed by the
President of the Union. The Committee shall be charged with the responsibility of
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 28
reviewing topics pertinent to the Fire Department, including, but not limited to: (1) AIDS
in the workplace; (2) Diesel emissions exposure in fire stations; (3) Asbestos exposure
and removal; (4) Hearing loss and hearing protection. The Health and Safety Committee
shall make recommendations to the Chief of Department and to the Union, and through
the Chief of Department to the Fire Commission, for the correction of hazardous
conditions or unsafe work methods.
SECTION 36.
36.1
TESTING OF AERIAL DEVICES
The City agrees to pay for the inspection and testing of the structural integrity and safety
of aerial devices using NFPA 1914 Testing Fire Department Aerial Devices, 1988
Edition, recommended or equivalent test procedures by an independent testing company
other than the original manufacturer prior to the acceptance of a new aerial apparatus and
at least once every year thereafter. Copy of the test results shall be supplied to each
member of the SFFD Joint Health and Safety Committee and to the Union.
SECTION 37.
NOTICE OF CHARGES
37.1
All members of the bargaining unit shall be notified within a reasonable time after they
have been charged with any offense or complaint and further notified within a reasonable
time after the investigation or disciplinary process has been concluded. For the purpose
of this Section, "charged" means any charge before a court or administrative tribunal that
comes to the attention of the Fire Department or City management.
37.2
Within sixty (60) days after ratification of this Agreement, the Department shall provide
the Union with an outline of proposed policies concerning Notice of Charges and other
disciplinary procedures. The parties shall meet weekly thereafter to discuss possible
revision of existing procedures and/or possible development of such procedures. Any
proposals agreed to via this process would be subject to approval by the Fire
Commission. This provision is not intended to make any aspect of discipline subject to
the grievance procedure or arbitration.
SECTION 38.
38.1
EMPLOYEE ASSISTANCE PROGRAM
The Stress Unit Program will be continued throughout the life of this Agreement and will
consist of a minimum of two (2) full-time Stress Unit members with active Stress Unit
Committee participation and coordination with the City’s Employee Assistance Program.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 29
SECTION 39.
PROBATIONARY PERIOD
39.1
The probationary period for newly hired employees shall be twelve (12) months from the
date of completion of the initial Fire College training. Such probationary members who
are unable to complete their probationary assignments due to illness, injury, or other
reason which would prohibit them from successfully completing their probationary
assignments shall be assigned to a temporary modified duty assignment only by consent
of the Chief of Department.
39.2
The probationary period for members being promoted to a higher rank shall be six (6)
months of actual service from the date of appointment to that rank. However, the
probationary period for members being promoted to the rank of H-3
Firefighter/Paramedic shall be twelve (12) months of actual service from the date of
appointment to that rank.
39.3
Temporary modified duty assignments for members serving probationary periods shall
extend the duration of their probation by the amount of time they were assigned to
temporary modified duty.
39.4
A member's probationary period will not expire before a mandatory physical
examination, including screening for drugs and alcohol, is satisfactorily completed.
39.5
This section does not apply to provisional or exempt appointments.
SECTION 40.
DRIVERS' LICENSES
40.1
All regularly assigned members of Engine, Truck Companies, Rescue and Service
Squads, and EMS Field Units shall be required to possess, at a minimum, a "Restricted
Class B Firefighter" driver's license. Members assigned to the Bureau of Equipment shall
be required to possess a Class A license. All other qualified drivers, including officers,
aides, inspectors, investigators and firefighters who may be assigned, detailed or required
to drive Department vehicles shall be required to possess, at a minimum, a valid Class C
license.
40.2
An employee who does not possess the appropriate driver's license may be assigned to
non-driving duties at the discretion of the Department.
SECTION 41.
41.1
PHYSICAL EXAMINATION/DRUG & ALCOHOL SCREENING
Mandatory physical examinations shall include the submission of a urine specimen for
routine analysis and screening for the presence of drugs or alcohol. A mandatory
physical examination shall be conducted under the following circumstances:
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 30
a.
Prior to promotion from a certified eligible list, or to an exempt position, or to a
non-civil service position.
b.
Before expiration of a member's probationary period, whether from initial
appointment or promotion.
c.
Prior to and upon return from leaves of absence with or without salary in excess
of thirty (30) calendar days.
d.
When a pattern of sick leave develops which indicates a reasonable suspicion of
substance abuse.
e.
When there is reasonable suspicion that a member is under the influence of drugs
or alcohol while on duty.
41.2
In addition, subject to the discretion of the Chief, all apparatus operators involved in a
vehicular accident may be subject to a physical examination.
41.3
Recognizing that alcoholism and drug abuse are illnesses, it is the City’s policy to
prevent substance abuse and to provide employees with the opportunity to participate in a
rehabilitation program. Employees with substance abuse problems are encouraged to
seek medical or professional assistance.
41.4
Any bargaining unit member ordered to undergo a mandatory physical examination for
reasonable suspicion may request the presence of a Union representative at all times
while being examined However, the inability to secure the presence of a Union
representative shall not be cause to delay the administration of the mandatory physical
examination.
41.5
Any test that is conducted shall be at the City’s expense.
SECTION 42.
PHYSICAL FITNESS PROGRAM
42.1
The Joint Labor/Management Physical Fitness Committee consisting of four (4)
members, two (2) appointed by the Chief of Department and two (2) appointed by the
Union shall develop a physical fitness program for the Department to maintain and
improve the health and fitness of members and reduce injuries.
42.2
The Committee shall recommend procedures to the Chief of Department, to the Union
and, through the Chief of Department, to the Fire Commission for determining eligibility
of members to participate in the program, and a method for evaluating participants.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 31
SECTION 43.
43.1
EMERGENCY RESPONSE VEHICLES
With prior written permission of the Chief of Department, designated Fire Emergency
Response Personnel shall be entitled to use City owned and/or leased vehicles for
transportation to and from the employee's place of residence. The use of said vehicles
shall be subject to such restrictions and regulations imposed by the Chief of Department
and the Fire Commission.
SECTION 44.
TEMPORARY MODIFIED DUTY ASSIGNMENTS
44.1
The Department will make a good faith effort to place eligible members, who sustain a
temporary injury or illness and who are thereby unable to perform the assigned functions
of their regular positions, in available temporary modified duty assignments. Any such
assignment must be appropriate for the member’s medical restrictions, as determined by
the member’s treating physician or, where appropriate, the City’s independent medical
expert, and as reviewed and approved by the Department’s physician. If the Department’s
physician or, where appropriate, the City's independent medical expert, determines after
medical examination and/or review of medical records and upon consultation with the
member’s treating physician, that the member cannot fully return to his or her regular
position within one (1) year, the member is not eligible for a temporary modified duty
assignment.
44.2
Effective upon the date of ratification of this Agreement, members who sustain nonindustrial injuries or illnesses are not eligible for temporary modified duty assignments
for the following waiting periods after notifying the Department of the injury or illness:
twenty (20) calendar days during the first year of employment after graduation from the
SFFD Academy; forty (40) calendar days during the second year of employment, and
sixty (60) calendar days after the end of the second year of employment, and thereafter.
During this waiting period, members should use accrued sick leave, or if the member’s
sick leave balance is exhausted, other approved leave. Pregnant members are entitled to
request to go on temporary modified duty without any waiting period.
44.3
Duties of the temporary modified duty assignment may differ from the member’s regular
job duties and/or from the job duties regularly assigned to members in the same rank.
When an appropriate temporary modified duty assignment is not available within the
member’s rank, and/or on the member’s regular shift, the member may be temporarily
assigned pursuant to this section to work in another rank and/or classification, and/or on a
different shift, subject to the approval of the Chief of the Department or designee.
44.4
At the end of thirty (30) days of a temporary modified duty assignment, and every thirty
(30) days thereafter, the Department’s physician may review the member’s medical
condition and determine, after consultation with the member’s treating physician or,
where appropriate, the City’s independent medical expert, whether the member is able to
return to his or her regular assignment. If it is determined that the member is not then
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 32
able to return to his or her regular assignment, the Department may extend the temporary
modified duty assignment for periods of thirty (30) days, up to a maximum of one (1)
year.
44.5
Effective upon the date of ratification of this Agreement, a member placed in a temporary
modified duty assignment shall receive compensation at his/her normal compensation
including applicable holiday pay as provided in Section 20, Administrative Assignment
Pay as provided in Section 28, Training and Education Achievement Pay as provided in
Section 24 and Retention Pay as provided in Section 29.7. However, if a member, who
sustains a temporary industrial injury or illness after having worked at least ten (10)
consecutive days at a higher classification, is placed in a temporary modified duty
assignment, the member shall receive compensation at the higher rate of pay which
he/she was receiving at the time of such injury or illness for a period not exceeding a total
of twelve (12) months, including periods of temporary modified duty and periods of
disability leave. Compensation while on temporary modified duty and/or disability leave
in excess of twelve (12) months shall revert to the member’s normal compensation as
described above.
44.6
If a member is denied a temporary modified duty assignment, or when a temporary
modified duty assignment ends, the Department will consider and discuss with the
member the following options: (1) returning the member to the full duties of his or her
regular or working out of classification assignment; (2) granting a request for a disability
accommodation under the Americans with Disabilities Act and/or similar provisions of
state law; (3) initiating a disability retirement; (4) providing an unpaid leave of absence
pursuant to the Civil Service Rules; (5) allowing sick leave or leave under the Family
Medical Leave Act or similar provisions of state law; (6) providing a disability transfer
to another City job pursuant to City policies; (7) initiating a non-punitive separation if
none of the above are appropriate.
44.7
The Department will discuss the available options with members who are on temporary
modified duty as of January 5, 2002, and determine whether they are eligible under the
Department’s modified duty policy to continue on temporary modified duty, or whether
one of the other options set forth above is appropriate. If such members are continued on
temporary modified duty, the first day of such duty shall be deemed to be January 5,
2002. If such a member is otherwise ineligible under the Department’s modified duty
policy, the member shall be entitled to a temporary modified duty assignment for a period
of twelve (12) months starting January 5, 2002, in the case of an industrial injury or
illness, or three (3) months starting January 5, 2002, in the case of a non-industrial injury
or illness. At the end of the appropriate time period, the member will be subject to the
provisions of Section 44.6.
44.8
If a member is placed in a temporary modified duty assignment, he or she will be
required to sign an acknowledgement confirming that he or she understands and agrees to
abide by the provisions set forth in this section.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 33
44.9
This section does not modify, alter or affect any rights members may have under the law,
including but not limited to rights under the San Francisco Charter, the San Francisco
Administrative Code, the California Labor Code, the California Government Code and
the Americans with Disabilities Act, concerning disability, disability leave, disability
retirement, and/or workers compensation.
44.10 This section shall not be subject to the grievance or arbitration procedures of this
Agreement except for an allegation that this section has been administered in an arbitrary
manner.
SECTION 45.
PERSONNEL FILES
45.1
The Deputy Chief, Administration or designee shall maintain one official personnel file
for each member. Members or their authorized representatives have the right to examine
the contents of their official personnel file maintained by the Deputy Chief,
Administration during business hours Monday through Friday excluding legal holidays.
Adverse comments may not be placed in a member's official personnel file unless and
until the member has been informed that such comments are to be placed in his or her file
and a notation has been made on the face of the document of the date and time when the
member was so informed. Members may cause to be placed in their official personnel
file all such responses as they deem appropriate to adverse material inserted therein.
Members may also request to be placed in their official personnel file a reasonable
amount of correspondence as determined by the Deputy Chief, Administration
originating from other sources directly related to their job performance.
45.2
Only persons authorized by the Deputy Chief, Administration or designee may review a
member's master personnel file in compliance with the Citywide Employee Personnel
Records Guidelines.
45.3
Formal reprimands without further penalty more than two (2) years old, and those with
additional penalty more than five (5) years old, will not be considered for purposes of
promotion, transfer or special assignments. All members shall have the right to review
their official personnel file to identify all such documents. Upon concurrence of the
Deputy Chief, Administration that such documents have been appropriately identified,
they will be placed in an envelope, sealed and initialed by the member. The envelope
will be placed in the member's personnel file and will be opened only in the event that the
member is in the future subject to discipline or access is deemed by the City to pertain to
investigations, EEO compliance, Consent Decrees or other legal or administrative
proceedings.
SECTION 46.
46.1
EMPLOYEE TRAINING AND REIMBURSEMENT PROGRAMS
The City shall provide all ranks requiring EMT certification and/or paramedic
certification/licenses with such training as is necessary to maintain such certification
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 34
and/or license and shall pay all fees and costs related thereto, including but not limited to
the fees charged by other public agencies for issuance of licenses or certificates. Such
training shall be provided during each employee’s regularly scheduled hours of work
whenever possible. In the event an employee is assigned to attend such training during
hours other than the employee’s regularly scheduled hours of work, those hours shall be
compensated as overtime worked in accordance with the overtime provisions of this
Agreement.
46.2
The City shall provide employees in the ranks of H-3 Firefighter/Paramedic who request
to qualify as a Preceptor with the appropriate training subject to approval of the Chief of
Department. Such training shall be provided during each employee’s regularly scheduled
hours of work whenever possible. In the event an employee is assigned to attend such
training during hours other than the employee’s regularly scheduled hours of work, those
hours shall be compensated as overtime worked in accordance with the overtime
provisions of this Agreement. The City shall pay all fees and costs related to such
training.
46.3
The City shall pay for all applicable Relicensure or any other fees required to maintain a
California State Paramedic license for employees in the ranks of H-3
Firefighter/Paramedic and H-33 EMS Captain.
46.4
In order to maintain their fire suppression skills, all uniformed members in the Bureau of
Fire Prevention and the Bureau of Fire Investigation shall attend a minimum of eight (8)
hours of training per year at the Division of Training to cover all aspects of structural fire
fighting, including ladder raising and use of SCOT air packs and forcible entry tools.
46.5
Tuition Reimbursement Program
The City agrees to allocate $10,000 per fiscal year during the term of this Agreement to
the Tuition Reimbursement Program for the exclusive use of bargaining unit members.
Any unused funds shall be carried forward to the next fiscal year.
46.6
Subject to the DHR Guidelines, a member may submit a request for reimbursement up to
$250.00 during each fiscal year.
46.7
At the discretion of the Chief, the City may provide non-mandatory courses and training
that will further career development of members. Unless otherwise determined by the
Chief, members choosing voluntarily to participate in these non-mandatory courses or
training do so at their own expense and without compensation.
SECTION 47.
47.1
AMERICANS WITH DISABILITIES ACT
The parties agree that they are required to provide reasonable accommodations for
persons with disabilities in order to comply with the provisions of the American with
Disabilities Act and further agree that this Memorandum will not be interpreted,
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 35
administered or applied in any manner which is inconsistent with said Act. The City
reserves the right to make reasonable accommodations to comply therewith.
SECTION 48.
GRIEVANCE PROCEDURE
48.1
A grievance is any dispute over the application or interpretation of this Agreement,
including the arbitrability thereof. Grievances shall be settled in the following manner:
48.2
Grievances may be filed either by a member of the bargaining unit or by the Union
through its President and/or such other officers which the Union designates as officers
with that authority, provided, however, that a member of the bargaining unit may file a
grievance alleging a violation of this Agreement, or advance any such grievance to the
next step in this grievance procedure, only with the consent of the Union through its
President and/or such officers which the Union designates as officers with that authority.
48.3
Grievances shall specify the section of this Agreement that is alleged to have been
violated, the facts giving rise to the alleged violation, and the remedy requested for the
alleged violation. The City may reject a grievance which fails to comply with these
requirements; however, grievances may be amended and resubmitted at any time before
Step III of this grievance procedure, provided that the amendment does not materially
change the substance of the grievance.
48.4
The purpose of the time limits in this grievance procedure is to hasten the resolution of
grievances. These time limits may only be modified by agreement between the parties.
In the event the Chief of Department or Director of Employee Relations fails to provide
the Union with a response to a grievance filed by the Union within the time limits
specified herein, the grievance shall be deemed to have been denied on the last day for
the provision of such response and the Union may advance the grievance to the next step
in the grievance procedure. In the event the Union fails to advance a grievance to the
next step in the grievance procedure within the time limits specified herein, the grievance
will be deemed to have been withdrawn. Any time limit concerning grievances that
expires on a weekend or a holiday set forth in this Agreement shall expire instead on the
next business day.
48.5
A grievance should be filed at the lowest step in the grievance procedure in which the
City’s representative would have the authority to make a final and binding resolution of
the grievance. In the event a grievance is filed at a step in the grievance procedure which
the City deems inappropriate, the City’s representative with whom the grievance was
filed shall remand the grievance to the appropriate step.
Step I. If a dispute cannot be informally resolved between a member of the bargaining
unit and his or her immediate supervisors, the member may with the approval of
the Union’s President and/or such other officers which the Union designates as
officers with that authority, submit a grievance in writing to the member’s
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 36
immediate supervisor within thirty (30) days of the alleged violation. The
supervisor shall attempt to adjust the grievance and shall provide a written
response within fifteen (15) calendar days following receipt of the written
grievance.
Step II. If a grievance initiated by either a member of the bargaining unit or the Union is
not settled at Step I, or a member’s immediate supervisor would not have the
authority to make a final and binding resolution of the grievance, the grievance
shall be submitted to the Chief of Department, within fifteen (15) calendar days of
the last date for the Step I response. The Chief shall provide a written response
within fifteen (15) calendar days of receipt of the Step II grievance.
Step III. If the grievance is not settled at Step II, or the Chief of Department would not
have the authority to make a final and binding resolution of the grievance, the
grievance shall be submitted to the Director, Employee Relations within fifteen
(15) calendar days of the last date for the Step II response. The Director,
Employee Relations shall provide a written response within fifteen (15) calendar
days of receipt of the Step III grievance. If the Director, Employee Relations is
unable to resolve the grievance to the mutual satisfaction of the parties, the
grievance may, at the request of either the Union or the City, be submitted to
arbitration by notifying the Chief of Department and the Director, Employee
Relations in writing, within fifteen (15) calendar days of the last date for the Step
III response.
Step IV. Arbitration. Within fifteen (15) calendar days after receipt of notice that the
Union has elected to submit a grievance to arbitration, the City shall confer with
the Union’s representative for the purpose of selecting an arbitrator. In the event
the Union and the City cannot agree on an arbitrator, an impartial arbitrator shall
be selected from a panel of seven (7) qualified and experienced labor arbitrators
supplied by the California State Mediation and Conciliation Service upon the
request of either party. The parties shall within five (5) calendar days of receipt
of the panel, make a selection of an arbitrator by alternately deleting names from
such a list until only one (1) name remains. If that person cannot serve, or parties
agree not to use that person's services, the parties shall obtain a new list and start
the selection over. The first party to delete a name shall be determined by lot.
The decision of the arbitrator will be final and binding upon both parties. The
hearing shall be conducted in accordance with California Code of Civil
Procedure, Sections 1280, et seq. Individual grievants shall be released from duty
without loss of compensation for the time of the arbitration hearing. Witnesses
who are employees and on duty at the time of a scheduled appearance at an
arbitration hearing shall be released from duty without loss of compensation for
the time required to testify. The parties shall meet at least seven (7) calendar days
prior to the arbitration hearing for the purpose of narrowing issues for arbitration,
discussing possible stipulations and exchanging documents intended for use at the
hearing.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 37
48.6
Any and all disputes over the arbitrability of an asserted grievance shall be decided by an
arbitrator selected by the parties pursuant to the provisions herein. The arbitrator selected
to hear the issue of arbitrability will not adjudicate the merits of the underlying grievance,
except as mutually agreed to by both parties.
48.7
The arbitrator shall not have the right to alter, amend, delete or add to any of the terms of
this Agreement.
48.8
Notwithstanding any other provisions of this MOU, disciplinary or punitive actions
described in Charter Section A8.343 cannot be grieved or arbitrated. An arbitrator
selected pursuant hereto shall have no authority to hear or decide any such disciplinary or
punitive actions.
48.9
An Arbitrator selected pursuant to this Agreement shall have no power or authority to
alter or supersede the Charter, the Civil Service Commission Rules, or the Administrative
Code. Any decision or award shall be invalid if it conflicts with any of said provisions
and those provisions shall prevail.
48.10 An Arbitrator's decision or award shall be invalid to the extent that it orders or requires
any legislative act by any Board, Commission, or official except as may pertain to back
pay awards.
48.11 The parties shall share the jointly-incurred costs of the arbitration proceedings.
48.12 Each party shall in good faith divulge to the other party all available material facts at the
time said party acquires knowledge thereof concerning the matter in dispute.
48.13 Nothing herein shall restrict the right of the City or the Department to initiate grievances
under this Agreement. In such instance, only Step III shall be applicable prior to the
determination to proceed to arbitration.
SECTION 49.
49.1
It is mutually agreed and understood that during the period this Agreement is in force and
effect, the Union and its members will not authorize or engage in any strike as defined by
Charter Section A8.346(a), slowdown, or work stoppage against the City and County of
San Francisco.
SECTION 50.
50.1
NO WORK STOPPAGES
LABOR-MANAGEMENT COMMITTEE
There shall be a Labor-Management Committee consisting of three (3) representatives
appointed by the President of the Union and three (3) representatives appointed by the
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 38
Chief of Department. The Committee shall meet quarterly to discuss employer-employee
issues of mutual concern.
The Committee shall have the authority to make
recommendations to the Union and the Chief of Department, and through the Chief of
Department, to the Fire Commission.
SECTION 51.
51.1
There shall be an H-3 Advisory Committee of three (3) representatives appointed by the
President of the Union and three (3) representatives appointed by the Chief of
Department. The Committee shall meet monthly to discuss issues concerning H-3
Firefighters/Paramedics.
The Committee shall have the authority to make
recommendations to the Union and the Chief of Department, and through the Chief of the
Department, to the Fire Commission.
SECTION 52.
52.1
NEGOTIATION RESPONSIBILITIES
Nothing contained herein shall be so construed as to prohibit negotiations mutually
agreed to by the parties.
SECTION 53.
53.1
H-3 ADVISORY COMMITTEE
SEVERABILITY
Should any provision of this Memorandum or the application of such provision to any
person or circumstances, be held invalid, the remainder of this Agreement or the
application of such provisions to persons or circumstances other than those to which it is
held invalid, shall not be affected thereby.
SECTION 54.
TERM
54.1
This Agreement shall remain in full force and effect from July 1, 2001, to and including
June 30, 2003.
54.2
The provisions of this Agreement shall be effective on the effective date stated above
except as otherwise specifically provided.
54.3
The parties agree to establish a negotiation schedule for a new agreement 180 days prior
to the termination of this Agreement.
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
Page 39
DATED: ______________________2001
FOR THE CITY AND COUNTY OF
SAN FRANCISCO:
FOR SAN FRANCISCO FIRE
FIGHTERS, UNION LOCAL 798,
IAFF, AFL-CIO:
Andrea Gourdine, Director
Department of Human Resources
John F. Hanley, President
Alice Villagomez
Deputy Director, ERD
Joseph P. Moriarty, Vice President
Mario H. Treviño, Chief
San Francisco Fire Department
Francis D. Kelly, Secretary
Stephen A. Nakajo, President
San Francisco Fire Commission
Thomas P. O’Connor, Director
APPROVED AS TO FORM:
CITY ATTORNEY
Martin Gran
Deputy City Attorney
San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1
Memorandum of Understanding
July 1, 2001 – June 30, 2003
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